Delhi HC upholds WhatsApp's data-sharing policy, with riders

WhatsApp's modified policy is slated to come into effect from September 25

The Delhi High Court upheld WhatsApp’s revised privacy policy on Friday, but with a few safeguards. The internet-based messaging platform’s modified policy is slated to come into effect from September 25 and it proposes to share information of users with parent company Facebook Inc (and affiliate entities).

The court also asked the Centre and the Telecom Regulatory Authority of India (Trai) to consider if such over-the-top (OTT) services could be brought under a statutory framework to protect the interest of users.

The order of the division Bench of judges G Rohini and Sangita Dhingra Sehgal comes on a PIL filed by users of WhatsApp, against changes to the messaging service’s privacy policy, first made public on August 25.  The petition had sought to restrain the OTT platform from implementing its modified policy, which, according to the petitioners, unilaterally compromised the privacy rights of users by gaining consent for sharing of information in a surreptitious and deceptive manner.

The aggrieved users had also sought directions to be issued to the Centre and Trai to frame rules under the Information Technology Act 2000 to regulate such messaging services.

Unlike traditional telecom operators, there are currently no rules to regulate OTT platforms. The lack of guidelines on encryption standards for these entities, also have the potential to pose national security concerns.

Trai had earlier submitted in the court that the government did not have the power to regulate the conduct and policy decisions of OTT platforms such as WhatsApp under the current legal structure.

The court directed WhatsApp to erase all information, data and details of users who choose to delete their accounts. The Bench also prohibited the messaging service from sharing any data or information acquired till September 25, from users who decide to opt out of the new policy.

“This is a path-breaking judgment to protect the right to privacy. The court has passed this order because of the importance given by WhatsApp to privacy in its own earlier policy,” said senior advocate Pratibha Singh, counsel for the petitioners, after the pronouncement was made by the court.